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Complaint filed for misuse of taxpayer funds
Allegations center on EfTA funding
By KASSIA MICEK
The Conroe Independent School District will schedule an independent hearing regarding a complaint filed against the district that alleges officials are misusing taxpayer funds.
In a complaint filed July 24, Woodlands resident Adrian Heath claims the district illegally paid fees to the Education for Tomorrow Alliance and requested the district “cease and desist granting money to EfTA,” follow sanctions under Texas law and demote CISD Superintendent Don Stockton and reduce his salary, according to the complaint.
CISD is charged $1.25 per student for a total of $60,652 paid on Sept. 11, 2008, according to documents Heath posted online from CISD.
Stockton and CISD board members John Husbands and Ann Snyder sit on the EfTA 2008-09 board.
Heath also alleges The Woodlands Township approved $40,000 for EfTA programs illegally, citing Texas Penal Code Chapter 39.02 and Texas Constitution Article III, Section 52(a).
Texas Penal Code Chapter 39.02 states “a public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly … misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant’s custody or possession by virtue of the public servant’s office or employment.”
Texas Constitution Article III, Section 52(a), states “any bonds or other obligations of a county, municipality, or other political subdivision of the state that are issued for the purpose of making loans or grants in connection with a program authorized by the legislature under this section and that are payable from ad valorem taxes must be approved by a vote of the majority of the registered voters of the county, municipality, or political subdivision voting on the issue. …”
Heath originally filed a complaint with the Montgomery County District Attorney’s Office April 20, citing the CISD and The Woodlands Township for “illegal use of public funds for private purposes.”
He requested that the DA’s office apply the laws of Texas, intervene on behalf of the public and order the EfTA to repay the funds to the district and township.
“We are taxpayers, and people need to take care of our money and spend it on appropriate things,” Heath said. “Using taxpayer funds on charitable donations is wrong. They cannot misuse our funds. … They need to cease and desist from using our funds for charitable donations. That’s something for us to spend our money on. That’s our decision, thank you very much.”
After he said he received no response from the DA, he filed a complaint against CISD.
First Assistant District Attorney Phil Grant declined to comment, saying, “It is our policy not to comment on complaints that are filed with our office.”
CISD and The Woodlands Township do not find merit in Heath’s complaint.
“The Township is authorized, among other matters, to contract with any entity to provide special or supplemental services for economic development and educational improvements, enhancements and services within or adjacent to the Township’s boundaries,” according to an e-mail to The Courier, The Villager’s sister paper, from Nick Wolda, The Woodlands Township vice president of Marketing and Public Affairs. “The Board of Directors of the Township determined that the Alliance’s GOALS Program is an appropriate program for promoting full employment with and adjacent to the Township by allowing area businesses, students, parents and their schools to participate in and enhance the educational opportunities of young people.”
The Woodlands Township has not seen the complaint, Wolda said.
In response to Heath’s complaint, in which he pointed out six concerns against the district, board members and the superintendent, the CISD retained the services of an independent hearing officer, Richard Hightower, to hear Heath’s complaint and make a recommendation to the board regarding a resolution/disposition, according to a letter from CISD to Heath dated July 30.
Hightower is expected to contact Heath to schedule a hearing conference. Heath said Tuesday morning he had not heard from Hightower.
EfTA, a 501(c)(3) nonprofit organization, serves both public and private schools in Montgomery County for a fee based on school enrollment figures, according to www.efta-us.org. Educational partners include the Conroe, Magnolia and Montgomery school districts, Christ Community School, The John Cooper School, Rubicon Academy, Covenant Christian School, Sacred Heart Catholic School, St. Anthony of Padua Catholic School, The Woodlands Preparatory School and The Woodlands Christian Academy.
“We provide this service to the school district on a fee basis,” EfTA Executive Director David Norton said.
The fee charged to schools is a quarter of the cost to run the program, Norton said. The remaining funds come from the business community.
In a complaint filed July 24, Woodlands resident Adrian Heath claims the district illegally paid fees to the Education for Tomorrow Alliance and requested the district “cease and desist granting money to EfTA,” follow sanctions under Texas law and demote CISD Superintendent Don Stockton and reduce his salary, according to the complaint.
CISD is charged $1.25 per student for a total of $60,652 paid on Sept. 11, 2008, according to documents Heath posted online from CISD.
Stockton and CISD board members John Husbands and Ann Snyder sit on the EfTA 2008-09 board.
Heath also alleges The Woodlands Township approved $40,000 for EfTA programs illegally, citing Texas Penal Code Chapter 39.02 and Texas Constitution Article III, Section 52(a).
Texas Penal Code Chapter 39.02 states “a public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly … misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant’s custody or possession by virtue of the public servant’s office or employment.”
Texas Constitution Article III, Section 52(a), states “any bonds or other obligations of a county, municipality, or other political subdivision of the state that are issued for the purpose of making loans or grants in connection with a program authorized by the legislature under this section and that are payable from ad valorem taxes must be approved by a vote of the majority of the registered voters of the county, municipality, or political subdivision voting on the issue. …”
Heath originally filed a complaint with the Montgomery County District Attorney’s Office April 20, citing the CISD and The Woodlands Township for “illegal use of public funds for private purposes.”
He requested that the DA’s office apply the laws of Texas, intervene on behalf of the public and order the EfTA to repay the funds to the district and township.
“We are taxpayers, and people need to take care of our money and spend it on appropriate things,” Heath said. “Using taxpayer funds on charitable donations is wrong. They cannot misuse our funds. … They need to cease and desist from using our funds for charitable donations. That’s something for us to spend our money on. That’s our decision, thank you very much.”
After he said he received no response from the DA, he filed a complaint against CISD.
First Assistant District Attorney Phil Grant declined to comment, saying, “It is our policy not to comment on complaints that are filed with our office.”
CISD and The Woodlands Township do not find merit in Heath’s complaint.
“The Township is authorized, among other matters, to contract with any entity to provide special or supplemental services for economic development and educational improvements, enhancements and services within or adjacent to the Township’s boundaries,” according to an e-mail to The Courier, The Villager’s sister paper, from Nick Wolda, The Woodlands Township vice president of Marketing and Public Affairs. “The Board of Directors of the Township determined that the Alliance’s GOALS Program is an appropriate program for promoting full employment with and adjacent to the Township by allowing area businesses, students, parents and their schools to participate in and enhance the educational opportunities of young people.”
The Woodlands Township has not seen the complaint, Wolda said.
In response to Heath’s complaint, in which he pointed out six concerns against the district, board members and the superintendent, the CISD retained the services of an independent hearing officer, Richard Hightower, to hear Heath’s complaint and make a recommendation to the board regarding a resolution/disposition, according to a letter from CISD to Heath dated July 30.
Hightower is expected to contact Heath to schedule a hearing conference. Heath said Tuesday morning he had not heard from Hightower.
EfTA, a 501(c)(3) nonprofit organization, serves both public and private schools in Montgomery County for a fee based on school enrollment figures, according to www.efta-us.org. Educational partners include the Conroe, Magnolia and Montgomery school districts, Christ Community School, The John Cooper School, Rubicon Academy, Covenant Christian School, Sacred Heart Catholic School, St. Anthony of Padua Catholic School, The Woodlands Preparatory School and The Woodlands Christian Academy.
“We provide this service to the school district on a fee basis,” EfTA Executive Director David Norton said.
The fee charged to schools is a quarter of the cost to run the program, Norton said. The remaining funds come from the business community.
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